BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 199


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          Date of Hearing:  August 19, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          199 (Eggman) - As Amended August 18, 2015


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          |             |Revenue and Taxation           |     |9 - 0        |
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          Urgency:  Yes State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This urgency bill expands the sales and use tax exclusion (STE)  
          under the California Alternative Energy and Advanced  
          Transportation Financing Authority (CAEATFA) to include projects  
          that process or use recycled feedstock.  Specifically, this  








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          bill:  


          1)Expands the definition of a "project" eligible for the STE to  
            include tangible personal property if at least 50% of its use  
            is to either process recycled feedstock intended to be reused  
            in the production of another product or if it uses recycled  
            feedstock in the production of another product or soil  
            amendment.


          2)Provides projects do not include tangible personal property  
            that processes or uses recycled feedstock in a manner that  
            would constitute disposal, as defined.



          3)Defines "recycled feedstock" as material that would otherwise  
            be destined for disposal, having completed its intended use  
            and product lifecycle.  



          4)Defines "soil amendments" to include compost, gypsum, and  
            phosphatic sulfide, as defined or a substance distributed for  
            the purpose of promoting plant growth or improving the quality  
            of crops by conditioning soils through physical means.





          5)Sunsets January 1, 2021.



          FISCAL EFFECT:










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          Although there may be the potential redirection of CAEATFA funds  
          resulting from the eligibility expansion, the total impact of  
          all CAEATFA-approved STEs to the General Fund is limited to $100  
          million annually.  Further, according to CAEATFA, all projects  
          that are approved for the STE have demonstrated that any costs  
          to the state will be offset by the increased economic activity  
          created by the project.  



          








          COMMENTS:


          
          1)Purpose.  According to the author, by targeting materials that  
            would otherwise be landfilled or exported for recycling  
            overseas, this bill creates a multiplier effect in terms of  
            job creation and tax revenue.  



          2)Background.  CAEATFA is authorized to provide eligible  
            projects with financial assistance in the form of a STE on  
            property used for the design, manufacture, production, or  
            assembly of advanced transportation technologies or  
            alternative energy source products, components or systems, as  
            prescribed.  To date, CAEATFA has approved financial  
            assistance to private entities for projects that include:   
            electric vehicle manufacturing, solar photovoltaic  
            manufacturing, landfill gas capture and production, biogas  








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            capture and production (at dairies and waste water treatment  
            plants), demonstration hydrogen fuel production, electric  
            vehicle battery manufacturing, and biomass processing and fuel  
            production.
            Applicants must meet criteria developed by CAEATFA.  In order  
            to qualify for a STE, the applicant must demonstrate that the  
            property to be purchased will be used to design, manufacture,  
            produce, or assemble an eligible advanced transportation  
            technology or alternative source product - including energy  
            efficiency - component or system.  Eligible projects must meet  
            evaluation criteria relating to the fiscal and environmental  
            benefits of the project and to compare those benefits to the  
            cost of the STE.  While there are no maximum or minimum limits  
            on individual STEs, the program is limited to $100 million  
            annually.

          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081